“Every case involving the use of deadly force by a police officer must be carefully and thoroughly investigated. Such scrutiny is required to ensure the protection of the civil rights of those involved and to maintain the public’s confidence in law enforcement.
“After a thorough and extensive investigation surrounding the shooting of Byron Auterberry by an Elmhurst police officer, it is my determination that the officer, Alexander Kefaloukos, who discharged his weapon two times, striking Mr. Auterberry both times, once in the left forearm and once in the right thigh area, was completely justified in his actions and that no criminal charges will be filed against Officer Kefaloukos. In reaching this conclusion, my staff and I carefully reviewed the applicable law and thoroughly examined all the evidence, including but not limited to:
Police reports
Statements from those involved
Witness accounts
Physical evidence
Photographs
In-car squad videos
On February 27, 2018, at approximately 4:50 p.m., Officer Kefaloukos and another Elmhurst police officer conducted a traffic stop on a vehicle driven by Auterberry near the intersection of southbound York Road and Crestview Avenue in Elmhurst. Two of the occupants of the vehicle, Auterberry and Kelly Smith, were suspects in a retail theft. Kefaloukos and the other officer were traveling in separate, unmarked police vehicles. As the three vehicles approached the intersection, the traffic control light was red. Officer Kefaloukos drove his vehicle into the left-hand turn lane and passed Auterberry’s vehicle on Auterberry’s left side. As Officer Kefaloukos did this, the other officer, who was positioned behind Auterberry’s vehicle, activated his flashing police lights and siren to initiate the traffic stop. Both officers then exited their vehicles and approached Auterberry’s vehicle. At this time, both officers, who were in plain clothes, identified themselves as police officers. They were both also wearing their police badge as well as a bullet-proof vest over their clothes with the word “POLICE” in large lettering attached to the back of the vest. As they approached Auterberry’s vehicle, both officers loudly ordered Auterberry to stop the car and get out, which Auterberry did not do. Officer Kefaloukos approached Auterberry’s vehicle from the front and remained there while the other officer approached from behind. During this time, Auterberry continued to move his vehicle forward in a jerking manner prompting both officers to draw their service weapons. Officer Kefaloukos then remained in front of Auterberry’s vehicle while the other officer holstered his service weapon and attempted to open the driver’s side door while still ordering Auterberry to “stop” and “open the door.” Auterberry pulled the door closed, told the officer “I’m not going back to Jail” and “no” and began driving forward towards Officer Kefaloukos. Both officers continued to order Auterberry to stop and open the door, commands that were ignored. As Auterberry accelerated toward Officer Kefaloukos, forcing Officer Kefaloukos to jump to his right, out the way of the moving vehicle, Officer Kefaloukos fired his service weapon twice through the driver’s side window striking Auterberry with each shot. Auterberry continued accelerating, crashed his vehicle into another vehicle in the curb lane and fled the scene at a high rate of speed. Following a police chase in which Auterberry eluded capture, he was taken into custody the next day at a relative’s home in Chicago.
“The above facts have been evaluated in the context of Illinois law governing the justifiable use of deadly force. In accordance with Illinois law, my staff and I have reviewed the facts and circumstances of the case with special consideration given to the perspective of the officer on the scene. It is important to remember that police officers are often forced to make split-second decisions about the appropriate amount of force necessary to bring a tense, uncertain and rapidly evolving situation under control.
“In determining whether the shooting of Byron Auterberry was justified, the fundamental question to be answered is whether Officer Kefaloukos reasonably believed that Auterberry posed an imminent threat of death or great bodily harm to the officer or others. The Peace Officer’s Use of Force in Making Arrest Statute (720 ILCS 5/7-5) states that “a peace officer need not retreat or desist from efforts to make a lawful arrest.” “Additionally, ‘a peace officer is justified in using force likely to cause death or great bodily harm only when he reasonably believes that 1) such force is necessary to prevent death or great bodily harm to himself or another person; or 2) when he reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and the person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm, or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.’
“Thus, the question becomes whether it was objectively reasonable for Officer Kefaloukos to believe Mr. Auterberry posed an immediate threat of death or great bodily harm to himself or others and was the use of force necessary to contain that threat. When Mr. Auterberry refused clear and audible commands to ‘Stop’ and ‘Open the door,’ by the officers and instead accelerated quickly in the direction of Officer Kefaloukos thus turning his vehicle into a deadly weapon, Officer Kefaloukos was confronted with an imminent unlawful threat of deadly force by Mr. Auterberry. Given the violent actions of Mr. Auterberry, his refusal to obey repeated police commands along with his actions of accelerating quickly in the direction of Officer Kefaloukos, Officer Kefaloukos acted lawfully and was justified in discharging his weapon in order to prevent imminent death or great bodily harm to himself or others. Officer Kefaloukos was also justified in discharging his service weapon to defeat Auterberry’s attempt at escape once Auterberry committed Aggravated Assault on a Police Officer which involved the infliction or threatened infliction of great bodily harm and then to escape by use of a deadly weapon. In this case, Auterberry used his vehicle as a deadly weapon in his attempt to escape.
“I would like to thank the Major Crimes Task Force for conducting a thorough and independent investigation, as well as Assistant State’s Attorney Tim Diamond for his valuable assistance.
“In my opinion, Officer Kefaloukos made every attempt to reach a peaceful conclusion under very stressful conditions. His concern for the safety and well-being of other motorists and the public at large is a testament to the excellent training that the Elmhurst Police Department provides for their entire force. Unfortunately, Mr. Auterberry’s failure to obey the Officers’ commands and his aggressive, threatening behavior resulted in Officer Kefaloukos discharging his weapon. Had Mr. Auterberry simply listened to and obeyed the officers’ commands, this entire incident would never have happened.”
